Disposed

Hanumant Shankar Kumbhar v. The State of Maharashtra

Bombay HC14 Oct 2024CP/554/2024

Case brief

AI extract

What is this about?

Contempt petitions alleging continued disobedience of a court order directing payment of monthly salaries of contractual Ambulance Drivers by Zilla Parishad, Solapur. Court directed affidavits from the State and Zilla Parishad on fund disbursement and utilisation and ordered salary payments from October 2024.

What the court decided

AI extract

Hanumant Shankar Kumbhar vs The State of Maharashtra — Contempt of Court | Bombay HC (2024)

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5-CP-554-2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION NO.554 OF 2024

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Hanumant Shankar Kumbhar ...Petitioner Versus

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The State of Maharashtra

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...Respondent

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WITH CONTEMPT PETITION NO.555 OF 2024 WITH CONTEMPT PETITION NO.556 OF 2024 WITH CONTEMPT PETITION NO.558 OF 2024 WITH CONTEMPT PETITION NO.559 OF 2024 WITH CONTEMPT PETITION NO.560 OF 2024 WITH CONTEMPT PETITION NO.561 OF 2024 WITH CONTEMPT PETITION NO.562 OF 2024 WITH CONTEMPT PETITION NO.563 OF 2024 WITH CONTEMPT PETITION NO.564 OF 2024 WITH CONTEMPT PETITION NO.565 OF 2024

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Adv. Pramod A. Kulkarni for the Petitioners.

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Adv. Anand Kulkarni for Respondent No. 5 in CP/559/2024, 560/2024, 561/2024, 562/2024, 563/2024, 564/2024, 565/2024.

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Adv. P. P. Kakade, Add. GP a/w Tanu Bhatia, AGP for the RespondentState.

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Adv. Ashok Misal for Respondent No. 5 in CP/554/2024, 555/2024, 556/2024, 558/2024.

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Harish

5-CP-554-2024.odt

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

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DATE : 26^th NOVEMBER, 2024

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Per Court :-

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On 14^th October, 2024, we had passed the following order:-

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All these Petitions are Contempt Petitions in Contempt Petitions. The Petitioners had been to this Court earlier by preferring their Contempt Petitions. These Petitions were disposed off by an Order dated 06/02/2023. The grievance is that there has been further disobedience of the order of this Court and as the salaries are not being paid, the Petitioners had to move this Court by preferring contempt proceedings.

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We are informed that the Accused/Contemnor is the Chief Executive Officer (CEO) of Zilla Parishad, Solapur and he has taken charge just one month ago.

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In view of the above, and to ascertain whether the present CEO can be said to have disobeyed this Court's order, issue simple notice to the CEO, Solapur, returnable on 21/11/2024 .

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Needless to state that, in the interregnum, the concerned Respondent is at liberty to comply with the order and ensure that the monthly salaries are paid.

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The learned Add. GP submits that at regular intervals, amounts are disbursed to the Zilla Parishad. According to the records of the State, instead of making the payment of the salaries of the contractual Ambulance Drivers, the Zilla Parishad has spent some amount for

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Harish

5-CP-554-2024.odt

satisfying telephone, electricity and water bills and even for payment of departmental employees towards T.A./O.T. bill. These amounts are in lakhs. Since the funds generated by the State, have not been properly utilized to satisfy the orders of this Court, Contempt Petitions have been filed by the Petitioners.

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The learned Advocate representing the Zilla Parishad submits that Zilla Parishad makes specific demands to the State for funds. When such demands are met and funds are generated, the funds generated for the specific cause or head of expenditure, are utilized only for those expenses. He dis-agrees with the contention that Zilla Parishad has utilized the funds meant for payment of salaries of the Ambulance Drivers, for any other purposes.

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In view of the above, we call upon the State to file a short Affidavit with pagination in continuation, to indicate the funds that have been extended to the Zilla Parishad, Solapur and the expenditure made by the Zilla Parishad. Let such Affidavit be filed on or before 10^th December, 2024. Thereafter, the Zilla Parishad would file an Affidavit with pagination in continuation, explaining how the funds have been utilized. Such Affidavit shall be filed on or before 19^th December, 2024.

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Harish

5-CP-554-2024.odt

List these Contempt Petitions on 3^rd January, 2024 .

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The learned Advocate for the Petitioners submits that the Zilla Parishad has not paid regular monthly salaries of the Ambulance Drivers from October, 2024. We, therefore, direct that the Zilla Parishad shall make the regular salary payments as directed by this Court, from the months of October, 2024, and on the next date of hearing, we expect the payment salaries for the months from October, 2024 to January, 2025 to the Ambulance Drivers.

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(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Harish Date: 28/11/2024 18:48:48

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Hanumant Shankar Kumbhar v. The State of Maharashtra

Case brief

What is this about?

What the court decided

Hanumant Shankar Kumbhar v. The State of Maharashtra

Case brief

What is this about?

What the court decided

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